Honorable C. W. Karisch Opinion No. C-451 

County Attorney 

Waller County Re: Whether a County may lawfully 

Hemps tead, Texas pay fees of $25.00 per day for 

each day in Court to counsel 

appointed to defend persons in 

felony cases where the defendant pleads guilty and is tried 

Dear Mr. Karisch: before the Court. 

You have requested an opinion of this office regarding the above 

question. Article 494a, Section 1, Vernon’s Code of Criminal Procedure, 

as it appears in Acts 1951, 52nd Leg., ch. 19, p. 52 providedas follows: 

“Whenever the Court shall appoint one 

or more counsel todefend any person or 

persons pursuant to law in any felony case 

in this State, each counsel may, at the discretion of the trial judge, be paid a fee in 

the sum of Ten Dollars ($10) per day for 

each day such appointed attorney is actually 

in trial court representing the person or 

persons he has been appointed to represent. 

Provided, further, that in-all cases wherein a 

bona fide appeal is actually prosecuted to a 

final conclusion, each appointed counselmay 

be paid Twenty-five Dollars ($25) for said 

appeal. , . .‘I 

Article 494a, Section 1, as it appears in Acts 1959, 56th Leg., 2nd C.S., 

ch. 31, p. 147, provides in part as follows: 

“Whenever the court shall appoint one or 

more counsel(s) to defend any person or persons pursuant to law in any felony case in this 

State, each counselmay, at the discretion of the 

trial judge, be paid a fee in the sum of Twentyfive Dollars ($25) per day for each day such 

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Hon. C. W. Karisch, page 2 (C-451) 

appointed attorney is actually in trial court 

representing the person he has been appointed 

to represent. Provided, further, that in all 

cases wherein a bona fide appeal is actually 

prosecuted to a final conclusion, each appointed 

counsel may be paid One Hundred Dollars ($100) 

for said appeal. Provided, however, on pleas of 

guilty before the court, said appointed counsel 

may bepaid TenDollars ($10) per case. . . .I’ 

(Emphasis added) 

Moreover, the title of the 1959 version of Article 494a stated: 

“An Act amending Article 494a, Vernon’s 

Code of Criminal Procedure, increasing attorney 

fees for representation of indigents accused of 

felony offenses; providing that attorney fees may 

be paid; providing for fees on pleas of guilty; 

repealing all laws or parts of laws in conflict 

herewith; expressly repealing Section lA of 

Chapter 19, page 25, Acts of the Fifty-second 

Legislature known as Section lA of Article 494a, 

Vernon’s Code of Criminal Procedure; and declaring an emergency.” (Emphasis added) 

It is elemental that there is no room for construction of a statute 

when the law is expressed in plain and unambiguous language and its 

meaning is clear and obvious. 53 Tex.Jur.2d 174 and cases there cited. 

It is also basic that the title of an act may be considered as a guide in 

circumstance showing legislative intent. 53 Tex.Jur.2d 248 and cases 

there cited. It should also be noted that a proviso is substantially an 

exception. 53 Tex.Jur.2d 210. 

Based on the above where a felony is involved, a County may lawfully 

pay appointed counsel $10 per case on pleas of guilty before the Court. 

SUMMARY 

A County may not lawfully pay fees of $25.00 

per day for each day in court to counselappointed 

to defend persons in felony cases where the 

defendant pleads guilty and for trial before the 

court. 

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Hon. C. W. Karisch, page 3 (C-451) 

Very truly yours, 

WAGGONER CAR R 

Attorney General of Texas 

JPB:sss 

APPROVED: 

OPINION COMMITTEE 

George W. Gray III, Acting Chairman 

Harold Kennedy 

Malcolm Quit k 

Gordon Cass 

Linword Shivers 

APPROVED FOR THE ATTORNEY GENERAL 

BY: T. B. Wright 

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